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O-2002-2602
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O-2002-2602
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Last modified
11/2/2016 3:39:09 PM
Creation date
7/27/2006 8:11:26 AM
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Template:
Legislative Records
Legislative Type
Ordinance
Date
12/9/2002
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<br />e <br /> <br />e <br /> <br />7.5 SUCCESSORS AND ASSIGNS <br /> <br />7.5.1 Owner and Engineer each is hereby bound and the partners, successors, <br />executors, administrators and legal representatives of Owner and Engineer (and to the <br />extent permitted by paragraph 7.5.2 the assigns of Owner and ENGINEER) are hereby <br />bound to the other party to this Agreement and to the partners, successors, executors, <br />administrators and legal representatives (and said assigns) of such other party, in respect <br />of all covenants, agreements and obligations of this Agreement. <br /> <br />7.5.2 Neither Owner nor Engineer shall assign, sublet or transfer any rights under or <br />interest in (including, but without limitation, moneys that may become due or moneys that <br />are due) this Agreement without the written consent of the other, except to the extent that <br />any assignment, subletting or transfer is mandated by law or the effect of this limitation <br />may be restricted by law. Unless specifically stated to the contrary in any written consent <br />to an assignment, no assignment will release or discharge the assignor from any duty or <br />responsibility under this Agreement. Nothing contained in this paragraph shall prevent <br />Engineer from employing such independent professional associates and consultants, as <br />Engineer may deem appropriate to assist in the performance of basic services hereunder. <br /> <br />7.5.3 Nothing under this agreement shall be construed to give any rights or benefits in <br />this Agreement to anyone other than Owner and Engineer. and all duties and <br />responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive <br />benefit of Owner and Engineer and not for the benefit of any other party. <br /> <br />7.6 DISPUTE RESOLUTION <br /> <br />The parties will attempt in good faith to resolve any controversy or claim arising out <br />of or relating to this agreement promptly by negotiation between senior executives of the <br />parties who have authority to settle the controversy. <br /> <br />The disputing party shall give the other party written notice of the dispute. Within <br />ten days after receipt of said notice, the receiving party shall submit to the other a written <br />response. The notice and response shall include (a) a statement of each party's position <br />and a summary of the evidence and arguments supporting its position, and (b) the name <br />and title of the executive who will represent that party. The executive shall meet at a <br />mutually acceptable time and place within twenty days of the date of the disputing party's <br />notice and thereafter as often as they reasonably deem necessary to exchange relevant <br />information and to attempt to resolve the dispute. <br /> <br />If the controversy or claim has not been resolved within thirty days of the meeting <br />
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